– from Steven S. in Dousman, WI

Question Details:

When I was divorced many years ago, it was decided that my pension was excluded from the marital property to be divided. This was a federal law. Right after the judgment, the law changed. Now, it can be included into the marital property and my ex-wife feels that she is entitled to some of it because of how long we were married before that. Since it has been so long, can she reopen the case to contest the judgment?

Family Law Attorney Response:

She can make a motion, but it is very unlikely that she will get very far. I would need to hear the details of the case and judgment, but in my opinion, this is nothing for you to worry about.

In the case of Tozer v. Tozer, 121 Wis. 2d 187, 358 N.W.2d 537 (Ct. App. 1984), a recently divorced woman brought the very same motion, but directly after the divorce judgment. Her claims were rejected and the courts affirmed the original decision.

My advice is to contact an attorney to go over the specifics, but I believe you have nothing to worry about.

Lawyer Holly Mullin from Sterling Law Offices
Holly Mullin, J.D.
Family Law Attorney

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